SRC-JXG S.J.R. 8 76(R)   BILL ANALYSIS


Senate Research Center   S.J.R. 8
76R1070 DWS-DBy: Carona
Technology & Business Growth
2/17/1999
As Filed


DIGEST 

Currently, the homestead of a family or a single adult person is protected
from forced sale for the payment of all debts. H.J.R. 31, 75th Legislature,
created two additional categories of authorized liens: an equity loan and a
reverse mortgage on a homestead. H.J.R. 31 also modified the existing
provisions regarding liens on a homestead for home improvement purposes;
however, it did not provide a state official or agency the authority to
interpret the provisions of the amendment. S.J.R. 8 would propose a
constitutional amendment authorizing the legislature to delegate to a state
agency or officer the authority to adopt rules to interpret the home equity
lending law. 

PURPOSE

As proposed, S.J.R. 8 requires the submission to the voters of a
constitutional amendment to authorize the legislature to delegate authority
to a state agency or officer to adopt rules to interpret the home equity
provisions in Subsections (a)(6) and (e)-(j), Section 50, Article XVI, of
the Texas Constitution.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to a state agency or officer in SECTION 1
(Section 50, Article XVI, Texas Constitution) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 50, Article XVI, Texas Constitution, to authorize
the legislature to delegate to a state agency or officer the authority to
adopt rules to interpret Subsections (a)(6) and (e)-(j) of this section. 

SECTION 2. Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held on November 2, 1999. Sets forth the
required language for the ballot.